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(영문) 서울동부지방법원 2018.10.19 2018고단2500

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 5, 2018, at around 02:55, the Defendant: (a) discovered the victim D (one’s name, two-four years of age) coming home in front of Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) made the victim her own shoulder with his/her arms, strings the back of the victim with his/her hand, her kicks, and kids the victim, and tried to kid, thereby making the victim kid, thereby making the victim kid.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against D;

1. Each investigation report (No. 3, 7, 13, 15, 17 through 19, 21 times a year);

1. Guidance; photographs; taxi sales slips; and guidance for victims and suspect moving routes by cutting down each CCTV image to a map;

1. Application of CCTV video CD-related Acts and subordinate statutes on the day of crime;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes (Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 47(1) and 49(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse; Articles 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, risk of recidivism; the motive and method of committing the instant crime; the consequence and method of the instant crime; seriousness of the crime; the disclosure order or notification order; the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to such order; the preventive effect of sexual crimes subject to registration that may be achieved therefrom; and the effect of protecting the victims thereof).

The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, methods of committing the crime, and the risk of recidivism, etc. of the defendant exempted from the employment restriction order.